. >> john lynch, thank you very much. we appreciate it. >>> the final countdown to the opening bell is coming your way on the other side of this break. we're going to get the higher open. futures recovered open to the highs of the session. >>> welcome back, everyone. you're watching cnbc "squawk on the street." we're getting you ready for the opening bell on this monday morning. lots of mergers to talk about. i have a couple headlines but i know you had a few you wanted to get in, too. >> oh, yeah, looking at the dow. the dow is on track for the best quarterly gains. 14 1/2% in a decade, which is going to be interesting just to see if we can get that one in the record books. it doesn't hold for the s&p or nasdaq but the dow alone has had a heck of a run in the third quarter. also, the other thing i was watching is last week's big and almost by itself giant loser was going to be the real estate index. on a monday to day basis it still swings to number one. we're still getting over the three problematic reit ipos last week

lynch. january 29, john thain gave out a e-mail saying they knew exactly what they were doing. >> if anything, i think bank of america disclosed too much and went overboard in compliance. i don't even think it's a close call. >> thank you both for being with us. i appreciate it. one last thing, b of a offered to put their senior executives to interview cuo many o and his people. cuomo said no, we don't want to talk with you. they're just out for headlines. >>> next up, the two stories everyone will be talking about on wall street tomorrow. we've got them tonight here first. >>> tonight i want to talk about lions on wall street and villains of capitalism. it seems like john mack of morgan stanley and other wall street bigs are the favorite whipping posts of the day. suddenly we're outraged that they earn millions. appalled by their bonuses. we didn't mind when our own stock portfolios and 401(k)s were thriving with. when these guys were making money for us. that's the big point about a big job on wall street. it doesn't just drain out dollars the way most of our jobs do. a big job on wall stre

should have done more disclosure, whether he did the right thing in terms of buying merrill lynch and whether john thain was completely honest with him about everything. doi monday morning quarterbacking, but in doing that monday morning quarterbacking bs, i just write a book. i don't bring charges against somebody. eliot spitzer, one of the most damaging things about eliot spitzer is he kind of laid the template for these other state regulators to go after people, and, you know, this isn't -- you know, when it really comes down it, was this that big of a crime that ken lewis did? he should have done more disclosure, yes. but was it -- >> was it a crime, charlie? >> did it cross that threshold and i don't know. especially within that context of what was going on back then. him relying on lawyers, they -- you know, he bought merrill lynch and people thought he was a savior when he bought merrill lynch. merrill lynch was going to impoed and if they imploded that would have been, you know, three firms that went in a year. >> and he bought countrywide, right? they're doing rather well. merrill lynch i

the ceo of goldman sachs and future jeffrey raymond subjects like morgan stanley ceo john mack, former merrill lynch ceo stanley o'neill. >> stan o'neill kept telling his people why aren't remore like lehman. well, yes, there was a managerial mistake in business judgement, in concentrating on derivatives. in concentrating on securitized real estate transactions. but that was on the premise that mr. greenspan and a lot of others said don't worry about it. we have the perfect market. there will never be another depression. there is enough fault to go around so that you could fill up a train from here to washington d.c.. >> reporter: in fact, as harvard professor and former wall street regulator robert glauber, pretty much everybody was on board with dick fuld. >> it is very easy in retrospect to look back and say my god, how could they have been so dumb. but he wasn't that much more aggressive and more exposed than his competitors. >> he made $300 billion -- 300 million, didn't he. >> you should write that on the painting. >> all right, i'll do it. >> reporter: dick fuld who declined to talk on camera

gentleman would yield for a moment before our friend steve lynch makes his remarks, this conversation, the colloquy between yourself and john tierney, reminds me of an anecdote. i wasn't present and maybe patrick could attest to its validity, but when ted kennedy was described as one of the two most significant united states senators, in that institution's history, the other being webster, that his response was, well, what did webster do? i yield back. mr. markey: i yield back. no place played a more important role in the history of massachusetts irish politics than south boston, the home of the next friend of senator kennedy, steve lynch from south boston, massachusetts. mr. lynch: thank you. thank you, mr. speaker. i thank you my friend, mr. marky, the dean of the new new -- new england delegation for reserving this time to pay a special tribute to our friend and colleague, senator ted kennedy. if you have been watching tonight, you'll notice that the members with the most seniority have been given the privilege to speak first. which is the way it works down here. the longer you're here the more you appreciate that. howev

lynch pin to this case. that's probably what's somewhat ironic about this whole thing. they have john harris signed up, they have these wire taps. they have john weima. i don't know they needed chris kelly to flip to bolster thei case. >> blagojevich says he is deeply saddened by the death and his heart goes out to the family. an official cause of death has not been determined. >>> a personal gesture between two kennedys now at the center of a federal investigation. the fbi is investigating a stolen condolence letter written by jackie kennedy to ethel kennedy after bobby kennedy's assassination. investigators believe someone stole it. the note has changed hands several times selling for as much as $25,000. in 2006 it showed up at a dallas auction house. >>> no more apologies. that is the word tonight from congressman joe wilson. the south carolina republican found himself in the hot seat after he shouted "you lie" during president obama's speech to congress. now as caroline shively reports, he said it is over and done. >> reporter: he says he is done saying he's sorry. >> i am not goi

john maynard. -- mitt romney. tomorrow, kevin baker and stephen moore on the obama presidency and the latest news of the week. then, james lynch looking at crime in the u.s. "washington journal" live tomorrow at 7:00 a.m. eastern here on c-span. >> in 1971, as a new york times reporter, they'll see it -- the neil sheehan. he won the pulitzer prize for "a bright shining lie." he will discuss his new book on the nuclear arms race. "q&a" sunday night on c-span. earlier this week, a portrait of former senate republican leader trent lott was unveiled at the u.s. capitol. he gave remarks and was joined by former president bill clinton, harry reid, and former house speaker newt gingrich. this is about 50 minutes. >> i want to welcome everyone to the united states isenate. president clinton, good to see you, of course. speaker gingrich, welcome senator lott and a lot family -- and the lott family. >> i really miss having trent in the senate. of course, i would miss him a lot more if he had stayed a democrat. when this son of a shipyard worker and a schoolteacher first came to washington, he came as an aide to the damage that it be dem

john barrasso. new york's attorney general has just subpoenaed five bank of america up directors. we are told this is in connection with the bank's acquisition of merrill lynch in january. as you may recall, there have been serious questions about bonuses that merrill lynch paid out just before the deal was completed. sandra smith joins us now. >> fox business has confirmed that the new york attorney general has subpoenaed five bank of america directors in the ongoing investigation over those controversial $3 billion in bonuses paid to merrill lynch executives prior to the closing of the steel. he has questions about what shareholders were privy to as far as the mounting losses at merrill lynch just before the deal closed. sources close to the investigation tell us that there's likely to be more subpoenas in the future. shepard: all of this is happening one day after a judge came down hard on the bank about oversight. >> that is right. the u.s. district judge in new york basically said no to the sec's settlemt with bank of america. the sec claimed that bank of america misled investors heading into the merrill lynch purchase. the judge says that is not going

lynch. >>> president obama warns wall street against ignoring the lessons of the financial crisis and calls for a common sense rules of the road to prevent another taxpayer rescue. >>> the president's interview with john harwood intairs tonig at 6:30 a.m. i'm sharon epperson. >>> hello, everyone. i'm i'mer i'm erin burnett. wall street is talking about one thing, the president's visit to wall street. how many more banks will fail, a crucial question. then the president says we're putting people to work in building wind turbines and solar panels. we've lost nearly 7 million jobs. is the green dream a pipe dream. >>> plus america's most famous real estate investor timed the crisis perfectly. he got out in time. he's betting big on housing, but not in america. >>> the president did visit, across the street, to federal hall where george washington was sworn in as president. this president didn't minutes words. . >> i have always been a strong believer in the power of the free market.t. i believe that jobs are best created not by government but by businesses and entrepreneurs willing to take a risk on a good idea. i believe that the role of the government is not to disparage wealth, but to expand its reach

john j. shivnen post office building. the speaker pro tempore: pursuant to the rule, the gentleman from massachusetts, mr. lynch, and the gentleman from utah, mr. chaffetz, each will control 20 minutes. the chair recognizes the gentleman from massachusetts. mr. lynch: thank you, mr. speaker. i ask unanimous consent that all members may have five legislative days to revise and extend their remarks. the speaker pro tempore: without objection. mr. lynch: i now yield myself such time as i may consume. i am pleased to present h.r. 2215 for consideration. it will designate the postal facility locate thed at -- located at 140 merriman in michigan as the john j. shivnen post office building. h.r. 2215 was favorably reported out of the oversight committee on september 10, 2009, by unanimous consent. additionally, this legislation enjoys the support of the entire michigan delegation. mr. speaker, the dedication of the garden city post office in honor of john j. shivnen is particularly fitting in light of mr. shivnen's dedicated and unpair lelled service to the united states post dl -- unparalleled service to the united s

congressman steven lynch told reporters last night he is very strongly considering taking out nomination papers and congressman john tyranny said it -- tyrancontinu tierney said he poppedering a rub. former pitcher curt schilling had been mulling a race i guess or been mentioned. he said yesterday the chances he will run are slim to none. it looks at this point that the legislature will hold a hearing i think it is next week to consider the legislation or consider again giving governor patrick the authority to appoint an interim successor. that would take over immediately and serve out the remainder of the term. it looks as though that person probably would be more of a caretaker, not one that would end up running. and vicky reggie kennedy the late senator's widow has already said she is not interested in that post. the virginia governors race heating up, republican candidate bob mcdonald is up with his first television ads since his 1989 college thesis surfaced in the "washington post" on august 30 and perhaps not too surprisingly this ad features his wife and his three daughters. it is called leadership and it wi